- Available 24/7: (312) 560-7100 Tap Here to Call Us
Marijuana DUI with a Minor Child in the Vehicle Defense Lawyer in DuPage County, Illinois
DuPage County, Illinois, is one of the most desirable areas in the state, offering a mix of suburban comfort and proximity to Chicago. It is home to thriving communities, excellent schools, and a well-regarded legal system. However, like any county in Illinois, DuPage has a strict approach to DUI enforcement, particularly when it involves marijuana and the presence of a minor in the vehicle. The state imposes severe penalties on individuals charged with driving under the influence of cannabis, especially when a child is involved. A conviction can carry life-altering consequences, from the loss of driving privileges to potential imprisonment and long-term damage to a person’s reputation.
The Law Offices of David L. Freidberg has decades of experience representing individuals accused of DUI-related offenses throughout DuPage County and the surrounding areas. With marijuana laws evolving and Illinois maintaining a strict stance on DUI enforcement, it is critical to have an experienced defense lawyer if you have been charged with driving under the influence of cannabis with a minor in the vehicle.
Understanding Marijuana DUI Laws in Illinois
Illinois law permits the legal use of marijuana for both medical and recreational purposes, but it remains illegal to drive while impaired by cannabis. Under 625 ILCS 5/11-501, it is unlawful for a driver to operate a vehicle while under the influence of THC, the active ingredient in marijuana. Unlike alcohol, where there is a legal blood alcohol concentration (BAC) limit of 0.08%, Illinois law sets strict limits for cannabis impairment.
Drivers are presumed impaired if they have five nanograms or more of THC per milliliter of blood or ten nanograms or more per milliliter of another bodily substance, such as saliva or urine. However, even if a driver’s THC levels are below these thresholds, law enforcement can still charge them with DUI if there is evidence of impairment.
When a minor is present in the vehicle during a DUI arrest, the offense becomes aggravated under Illinois law. This means the defendant faces harsher penalties, including mandatory jail time, longer license suspensions, and increased fines. Aggravated DUIs are classified as felonies, carrying severe long-term consequences.
How DUI Cases Begin and Progress in Illinois
A marijuana DUI arrest usually begins with a traffic stop. Law enforcement officers may initiate the stop based on a moving violation, erratic driving, or a roadside safety check. If the officer suspects drug impairment, they may request a series of field sobriety tests and question the driver about recent cannabis use. Unlike alcohol-related DUI cases, there is no portable breath test to determine immediate impairment from THC, making marijuana DUI arrests more subjective.
Illinois law follows implied consent, meaning that if a driver refuses chemical testing after being arrested, they will face an automatic suspension of their driver’s license. A first refusal leads to a 12-month suspension, while a second refusal results in a three-year suspension.
Once the arrest is made, the driver is taken into custody, booked, and given a court date. At the arraignment, the prosecution formally presents the charges, and the defendant enters a plea. From there, the case moves into pretrial motions, evidence review, and potential plea negotiations. If no resolution is reached, the case proceeds to trial.
Penalties for Marijuana DUI with a Minor in the Vehicle
Illinois imposes strict penalties for DUI convictions, and the presence of a minor in the vehicle at the time of arrest significantly increases the severity of the charge. Under 625 ILCS 5/11-501(d)(1), a marijuana DUI with a minor in the car is classified as an aggravated DUI, which is a Class 4 felony. This charge carries a mandatory minimum sentence of ten days in jail or 480 hours of community service.
Additional penalties include:
- Fines up to $25,000
- Revocation of driver’s license
- Court-mandated drug treatment programs
- Potential prison sentence of one to three years for repeat offenses
- Permanent criminal record
A conviction can also lead to child endangerment charges under 720 ILCS 5/12C-5, which may result in additional fines, jail time, and involvement with the Illinois Department of Children and Family Services (DCFS).
The Criminal Trial Defense Process in Illinois
When a case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant was impaired at the time of arrest. This can be challenging for marijuana DUI cases since THC can remain in the body long after use, leading to unreliable chemical test results. The defense will scrutinize the state’s evidence, challenge law enforcement procedures, and cross-examine witnesses.
During pretrial motions, the defense may file requests to exclude certain evidence, such as blood test results obtained without a valid warrant. If procedural violations occurred during the arrest or chemical testing, the defense may seek a dismissal of charges.
At trial, the defense may argue that the defendant was not impaired at the time of driving, questioning the reliability of field sobriety tests and officer observations. Testimony from forensic toxicologists or medical experts may be used to dispute the prosecution’s claims.
Evidence Collected in DUI Cases
The prosecution typically relies on several types of evidence to build its case, including:
- Field sobriety test results, which assess balance, coordination, and reaction time
- Officer observations, such as bloodshot eyes, slurred speech, or delayed responses
- Body camera or dash camera footage capturing the traffic stop and arrest
- Toxicology reports indicating the presence of THC in blood or urine samples
- Statements made by the driver during questioning
Each piece of evidence must be carefully examined for errors, inconsistencies, and constitutional violations. Chemical tests can produce false positives due to lab contamination or improper handling of samples. Officer testimony may be subjective and influenced by bias or lack of proper training in drug recognition.
Why You Need a Defense Attorney for a Marijuana DUI
Attempting to handle a marijuana DUI charge without legal representation can be a costly mistake. A criminal conviction can affect employment, child custody, and future legal rights. An experienced DUI defense lawyer provides critical advantages, such as negotiating plea deals, filing motions to suppress evidence, and presenting a strong case in court.
A defense attorney can identify weaknesses in the prosecution’s case, challenge unlawful searches, and seek reduced charges. Alternative sentencing options, such as probation or drug education programs, may also be available for first-time offenders.
Choosing the Right DUI Defense Attorney in DuPage County
When selecting a DUI defense attorney, it is important to consider their experience with aggravated DUI cases, track record of success, and familiarity with local courts and prosecutors. An attorney should offer clear communication, a detailed defense strategy, and a commitment to fighting for the best possible outcome.
During a free consultation, ask about their approach to defending DUI cases, their familiarity with forensic evidence, and their ability to challenge law enforcement procedures. Understanding their strategy can provide insight into how they will handle your case.
Why the Law Offices of David L. Freidberg is the Right Choice
A marijuana DUI with a minor in the vehicle is a serious charge that demands a strong defense. The Law Offices of David L. Freidberg has decades of experience representing clients facing DUI charges in DuPage County and throughout Illinois. Our firm is committed to protecting your rights and achieving the best possible outcome for your case.
Call the Law Offices of David L. Freidberg for Aggressive DUI Defense
If you are facing marijuana DUI charges in DuPage County, time is critical. The prosecution is already building a case against you, and you need an attorney who will fight for your rights. The Law Offices of David L. Freidberg has decades of experience defending clients against serious criminal charges, including DUI and hit-and-run cases.
The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated in DuPage County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.